Bruich v. Borough of Ambridge

KLEIN, J.,

This is an action in mandamus brought by the chief of police against the borough, alleging illegal removal from office and seeking reinstatement thereto. Defendant filed an answer *684denying illegality and alleging the action of removal was within the borough’s powers. Defendant also filed new matter, alleging that the chief waived any rights in the premises by accepting pension checks. Plaintiff ’s reply averred that such action was without legal consequence in these circumstances. A trial without a jury was duly held.

From the evidence, we make the following findings offact:

1. Charles…